Radhakrishnan.R v. The Dist.Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.19414 of 2021 R.Radhakrishnan ... Petitioner Vs.

1.The District Revenue Officer, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, 3.The Tahsildar, Thisayanviali Taluk, 4.Dhinakaran

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to conclude the proceedings for issuance of patta for the subject properties measuring 10 cents and 4 1⁄2 cents in Old Natham Survey No.240/1, New Natham Survey No.964, Thisayanvilai Village, Tirunelveli District within a time frame that may be stipulated by this Court.

For Petitioner : Mr.J.Barathan For R1 to R3 : (*)Mr.J.John Rajadurai Government Advocate

ORDER

The writ petition has been filed in the nature of Mandamus, to direct the respondents No. 1 to 3, to conclude the proceedings for issuance of patta for the subject properties measuring 10 cents and 4 1⁄2 cents in Old Natham Survey No.240/1, New Natham Survey No.964, Thisayanvilai Village, Tirunelveli District.

2.In the order, dated 25.05.2006, in Na.Ka.Aa2/Chee.Ma.No.18/2002, the first respondent/The District Revenue Officer directed that the matter should be reverted back to the Tahsildar, Thisayanviali Taluk and further directions were granted that the official should examine the documents and measure 1/3

the lands and also issue notice and enquire all the interested persons and conduct such enquiry with the land-holders with respect to the land in question and thereafter, should grant patta. 3.The present Writ Petition has been filed, seeking a direction primarily against the said Tahsildar/the third respondent to conduct an enquiry as directed by the first respondent within a specified period of time. Directions have also been given by the first respondent with respect to the nature of enquiry to be conducted. 4.I need not repeat the same directions issued to the Tahsildar. I am confident that the Tahsildar would abide with the said directions. The Tahsildar is place under an obligation to comply with the said directions and do the needful on or before 31.01.2022.

5.The Tahsildar may also take into consideration the order of the Sub Collector, dated 26.09.2018 in %.K.m.3/1167/18 before taking a decision.

6.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr/sn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To (*)to be substituted the order already despatched on 02.12.2021 1.The District Revenue Officer, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, 2/3

3.The Tahsildar, Thisayanviali Taluk, +1 CC to M/s.SPL GP ( SR-34563[F] dated 16/11/2021 ) +1 CC to M/s.T.R. JEYAPALAM, Advocate (SR-34613[F] dated 16/11/2021) Order made in W.P(MD).No.19414 of 2021 15.11.2021 se(CO) TR(08.02.2022) 3P 6C 3/3